SPECIAL BOARD OF ADJUSTMENT NO. 1048
Award NO. 39
Parties to Dispute:

 Statement of Claim:

 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
NORFOLK AND WESTERN RAILWAY COMPANY

Claim on behalf of D. C. Jackson, Jr. requesting that he be reinstated and paid for all time lost as a result pf his dismissal following investigation held on November 5, 1992, in connection with his committing unsafe acts on June 26, 1992 by loading a machine under power with a clutch that would not engage and an inoperative shut off switch in violation of Safety Rule 1200.


[Carrier File: MW-ROAN-92-27-LM]

Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, as amended, and this board is duly constituted by agreement under Public Law 89-456 and has jurisdiction of the parties and subject matter.


This award is based on the facts and circumstances of this particular case and shall not serve as a precedent in any other case.


AWARD
After thoroughly reviewing and considering the transcript and the parties'
 presentations, the Board finds that the claim should be disposed of as
 follows:
 The discipline is modified to a suspension equal to the time Claimant
 as een out o service. L~imant s a e returned to work, but without

 Clpimd anstainPd,,_a
J o e c er 0, a

 Richard A. Lau

 Organization Member

 E. N. Jaco s, Jr.

 Carrier M er

 Issued at Norfolk, Virginia on August 30, 1993